Hawaii Easement for Access to Property

State:
Multi-State
Control #:
US-00495
Format:
Word; 
Rich Text
Instant download

Description

This form is an Easement or Right-of-Way for Access to Property. The form provides that an easement is granted for the ingress and egress to, from, upon, and over the property described in the agreement. The form also provides that the grantee may construct a permanent street or road on the property.


An easement gives one party the right to go onto another party's property. That property may be owned by a private person, a business entity, or a group of owners. Utilities often get easements that allow them to run pipes or phone lines beneath private property. Easements may be obtained for access to another property, called "access and egress", use of spring water, entry to make repairs on a fence or slide area, drive cattle across and other uses. The easement is a real property interest, but separate from the legal title of the owner of the underlying land.

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FAQ

Q: What is the difference between Land Court and Regular System? A: Regular System serves to give 'notice that a document is on public record. Land Court System provides State certification for the ownership of a property. Property is in Land Court if it was registered with the State at some point since the 1900's.

Key Takeaways. The right of egress is the legal right to exit or leave a property while the right of ingress is the legal right to enter a property. Ingress and egress rights are important to homeowners since they allow access to their property.

What is Oklahoma's Adverse Possession Law? In order to claim legal title under Oklahoma adverse possession law, an individual must occupy the property for at least 15 years, while the rightful landowner has two years to challenge the adverse occupation.

Adverse Possession Claim In Hawaii, following 20 years of continuous possession, a squatter can claim ownership of the land. This, of course, would mean that the idea of prosecuting the person as a criminal trespasser goes out the window.

"De Minimis" Encroachment A "de minimis structure position discrepancy" is where a structure extends onto the adjoining property by no more than: For commercial, industrial, and multi-unit residential property - 0.25 feet. For all other residential property - 0.5 feet. For agricultural and rural property - 0.75 feet.

An easement is defined as the grant of a nonpossessory property interest that grants the easement holder permission to use another person's land.

The deed or assignment of lease must be signed (in black ink) by the current owner and the new owner before a notary public. The deed or assignment of lease must be recorded in the State of Hawaii Bureau of Conveyances or Land Court. A Conveyance Tax Certificate must be filed and any tax due must be paid.

Hawai'i Easement Lawyer An easement provides permanent access rights for the benefit of the owner of a ?land-locked? parcel. Sometimes, an easement may already exist in your land's title history, but it was never enforced. Sometimes, an easement can be created by continuous use over a long period of time.

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Hawaii Easement for Access to Property